4.  The applicant was born in 1955 and lives in Berlin.
5.  The applicant is 80 % physically disabled. On 23 July 2001 the applicant submitted a request to the Berlin Pensions and Allowances Office for an allowance on the basis of his reduced earning capacity. The Pensions and Allowances Office dismissed the request on 29 October 2001 on the grounds that the applicant was still able to work for more than six hours a day.
6.  On 26 November 2001 the applicant lodged an administrative objection, which was rejected on 26 February 2002.
7.  On 12 March 2002 the applicant brought an action before the Berlin Social Court. On 6 May 2002 the Social Court requested further documentation, which the applicant submitted on 3 June 2002. On 14 June 2002 the Social Court commissioned a socio-medical expert report. The expert report was completed on 22 July 2002.
8.  On 7 April 2003 the applicant suggested that a neurological-psychological expert report be commissioned. The Berlin Pensions and Allowances Office proposed an expert, to whom the applicant objected, for the neurological-psychological report. On 21 May 2003 the Social Court commissioned the report from a different expert. On 23 April 2003 and on 20 August 2003 the applicant submitted further medical documents. On 18 December 2003 the applicant received the neurological-psychological expert report dated 9 December 2003, and commented on it on 5 January 2004. On 19 January 2004 the applicant requested that the neurological-psychological expert amend his report.
9.  The applicant suggested commissioning an orthopaedic expert report, which the Social Court did on 14 January 2004. On 23 March 2004 the applicant received the orthopaedic expert report, dated 15 March 2004.
10.  On 3 November 2004 the Social Court asked the parties whether they agreed to a decision without a further oral hearing; on 16 November 2004 the applicant refused to agree. On 17 January 2005 a scheduled hearing could not take place as one of the lay judges had fallen ill in the morning; on the same day, the parties agreed to a decision through the written procedure.
11.  On 2 August 2005 and 1 September 2005 the applicant requested a progress report. The Social Court’s judgment of 20 June 2005 was served on the applicant on 17 October 2005. It partially granted the applicant’s action. It rejected the applicant’s request in relation to an allowance for fully or partially reduced earning capacity, but awarded an allowance for incapacity to work.
12.  On 10 November 2005 the Berlin Pensions and Allowances Office lodged an appeal with the Berlin-Brandenburg Social Court of Appeal. The Social Court of Appeal informed the applicant on 31 January 2006 that he had yet to submit his respondent’s brief in the appeal proceedings; he did so on 21 February 2006. On 18 April, 22 May, and 2 June 2006 the applicant made further submissions.
13.  On 14 July 2006 the judge rapporteur responsible for the appeals proceedings became unable to work due to illness. The president’s office assigned a different judge, who was delegated for one year from the labour court, to the chamber dealing with the case.
14.  On 26 July 2006 the Social Court of Appeal requested information from the applicant’s former employer, which it received on 1 August 2006. On 28 July 2006 the applicant submitted a medical certificate. On 1 August 2006 the Social Court of Appeal stayed the execution of the first-instance judgment. On 3 November 2006, 22 January 2007, and 29 April 2007 the Social Court of Appeal requested further documents from the applicant, which he provided. On 8 May 2007 the Social Court of Appeal asked the applicant’s former employee to provide additional information, which was submitted on 25 May 2007.
15.  In July 2007, after the one year period of the delegated judge had ended, the former judge rapporteur again took on the proceedings. However, the judge rapporteur suffered a severe relapse in September 2007, which led to her death in the following year. The president’s office reacted in reducing the chamber’s workload. The judge responsible for the case changed several times.
16.  On 16 June 2008 the applicant extended his action to include an allowance claim for fully reduced earning capacity.
17.  On 8 October 2008 the Social Court of Appeal commissioned a general-medical expert report. The applicant received the expert report, dated 31 January 2009, on 25 February 2009 and made further submissions on 27 March 2009. On 30 March 2009 the Social Court of Appeal commissioned a psychiatric expert report, which it received on 15 July 2009.
18.  On 18 November 2009 the Social Court of Appeal rendered its judgment.